The Utilities Contracts (Scotland) Regulations 2012

Mutual recognition concerning administrative, technical or financial conditions

24.—(1) When using the negotiated procedure or the restricted procedure and in determining what rules and criteria are to be met by economic operators to be invited to tender for, or to negotiate, a contract or to qualify under a qualification system, a utility must not—

(a) impose conditions of an administrative, technical or financial nature on some economic operators which are not imposed on others; or

(b) require tests or the submission of evidence which duplicates objective evidence already available.

(2) For the purpose of assessing an economic operator’s technical ability, a utility may request that economic operator to provide—

(a) a certificate—

(i) attesting its conformity to quality assurance standards based on the relevant European standard; and

(ii) from an independent body established in any relevant State conforming to the European standard concerning certification; or

(b) any other evidence of its conformity to quality assurance measures which are equivalent to the standards referred to in sub-paragraph (a)(i).

(3) Where the contract to be awarded is a works contract or a services contract, for the purposes of verifying the economic operator’s technical abilities, a utility may, where appropriate, request an indication of the environmental management measures which the economic operator will apply when performing the contract and a utility may request that economic operator to provide—

(a) a certificate—

(i) attesting its conformity to environmental management standards based on—

(aa) the Community Eco-Management and Audit Scheme(1); or

(bb) the relevant European standard or international standard; and

(ii) from an independent body established in any relevant State conforming to EU law or the relevant European standard or international standard concerning certification; or

(b) any other evidence of its conformity to environmental management measures which are equivalent to the standards referred to in sub-paragraph (a)(i).

(1)

The Community Eco-Management and Audit Scheme (EMAS) is a management tool for companies and other organisations to evaluate, report and improve their environmental performance; for more information, see www.europa.eu.int/comm/environment/emas/index-en.htm.